Can your online profile prevent you from getting a fair trial?
The rapid expansion of social media has affected just about every aspect of culture, from shopping to employment to medical decisions. A pressing issue related to social networking is how – and whether – users’ personal data can be used against them. Case in point: in a recent personal injury claim, a lawyer for the defense argued that the plaintiff’s social network postings offered evidence regarding the falsity of her claim, evidence that the judge admitted. For social networkers in Philadelphia, the implications are staggering.
Are comments and materials posted on social network sites subject to privacy protection? The technology is so new that case law is still being defined. But even online content to which a user restricts access might be considered fair game. In other words, it’s conceivable that a lawyer involved in litigation would be able to review – legally – a plaintiff’s personal data and introduce it as evidence.
There are serious lessons here for attorneys and potential litigants both. Say you take a serious fall in a Philadelphia store as a result of negligence: the janitorial staff failed to put up a sign indicating a slippery floor. You file a claim against the property owner seeking to recover your medical costs, as well as other damages related to your injury. In the meantime, you get on with your life. Consider it a safe bet that the property owner’s lawyers are reviewing your social network profile and monitoring your online activity closely. They are going to sift for about anything that will undermine your claim – from photos to comments on your friends’ pages to your browsing history.
Lawyers, meanwhile, are challenged by the ethical considerations of obtaining data from social network sites, especially with restricted-access material. After a law firm sought information from an opposing witness by “friending” him online, the Philadelphia Bar Association ruled the practice unethical. But the lines are still blurry as the courts continue to define privacy boundaries in the information age.
As technology continues to reshape the culture, the rules are by which we govern ourselves and our social structures are constantly being rewritten – especially as they relate to privacy. From personal injury suits to criminal cases to government monitoring of terrorist activity, Philadelphia lawyers and their clients are wading into uncharted waters. It’s something to think about before you post pictures of that ski vacation in the middle of your class-action lawsuit.
Personal Injury Lawyer Philadelphia – If you need a smart, diligent personal injury attorney in Philadelphia, schedule a free consultation with Rosenbaum & Associates to review your case. Rosenbaum & Associates is a respected law firm that has secured compensation for thousands of clients who have been injured due to the negligence of others. For a free case evaluation, call 1-800-7-LEGAL-7 or visit website domain for more information.
